§ 24312. Labor standards

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1994

   Pub. L. 103–272 § 1(e) · 108 Stat. 745

   Enacted · 49 U.S.C. § 24312

   Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 916

   Source evidence

   Code source credit
   Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 916

   Enacted provision · exact public law section
   Section 1. subtitles ii, ii, and v-x of title 49, united states code (a) Certain general and permanent laws of the 49 USC prec. 101 note. United States, related to transportation, are revised, codified, and enacted by subsections (c)–(e) of this section without substantive change as subtitles II, III, and V–X of title 49, United States Code, “Transportation”. Those laws may be cited as “49 U.S.C. ________”. (b) Title 49, United States Code, is amended by striking the table of subtitles at the beginning of the title and substituting the following new table of subtitles: “Subtitle “I. DEPARTMENT OF TRANSPORTATION “II. OTHER GOVERNMENT AGENCIES “III. GENERAL AND INTERMODAL PROGRAMS “IV. INTERSTATE COMMERCE “V. RAIL PROGRAMS “VI. MOTOR VEHICLE AND DRIVER PROGRAMS “VII. AVIATION PROGRAMS “VIII. PIPELINES “IX. COMMERCIAL SPACE TRANSPORTATION “X. MISCELLANEOUS (c) Title 49, United States Code, is amended by striking subtitle II, except that chapter 31 (comprising sections 3101–3104) of subtitle II is redesignated and restated as chapter 315 (comprising sections 31501–31504) of subtitle VI of title 49, as enacted by subsection (e) of this section. (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:

2. 1997

   Amtrak Reform and Accountability Act of 1997

   Pub. L. 105–134 § 121(a)(2) · 111 Stat. 2570

   Redesignated · 49 U.S.C. § 24312(a)(1)

   Pub. L. 105–134, § 121(a)(2), redesignated par. (1) as subsec. (a)

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 105–134, § 121(a)(2), redesignated par. (1) as subsec. (a).

   Enacted provision · exact public law section
   (2) by striking “(1)” in subsection (a); and

3. 1997

   Amtrak Reform and Accountability Act of 1997

   Pub. L. 105–134 title I · 111 Stat. 2570

   Struck · 49 U.S.C. § 24312(a)(1)

   Pub. L. 105–134, §§ 101(f), 105(c), struck out “, 24701(a), or 24704(b)(2)” after “24308(a)”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 105–134, §§ 101(f), 105(c), struck out “, 24701(a), or 24704(b)(2)” after “24308(a)”.

   Enacted provision · exact public law
   TITLE I— REFORMS Subtitle A— Operational Reforms SEC. 101. BASIC SYSTEM. (a) Operation of Basic System.— (1) Section 24701 is amended to read as follows: “§ 24701. National rail passenger transportation system “Amtrak shall operate a national rail passenger transportation system which ties together existing and emergent regional rail passenger service and other intermodal passenger service.”. (2) The item relating to section 24701 in the table of sections of chapter 247 is amended to read as follows: “24701. National rail passenger transportation system.”. (b) Improving Rail Passenger Transportation.— Section 24702 and the item relating thereto in the table of sections for chapter 247 are repealed. (c) Discontinuance.— Section 24706 is amended— (1) by striking “90 days” and inserting “180 days” in subsection (a)(1); (2) by striking “24707(a) or (b) of this title,” in subsection (a)(1) and inserting “or discontinuing service over a route,”; (3) by inserting “or assume” after “agree to share” in subsection (a)(1); (4) by striking “section 24707(a) or (b) of this title” in subsection (a)(2) and inserting “paragraph (1)”; and (5) by striking “section 24707(a) or (b) of this title” in subsection (b)(1) and inserting “subsection (a)(1)”. (d) Cost and Performance Review.— Section 24707 and the item relating thereto in the table of sections for chapter 247 are repealed. (e) Special Commuter Transportation.— Section 24708 and the item relating thereto in the table of sections for chapter 247 are repealed. (f) Conforming Amendment.— Section 24312(a)(1) is amended by striking “, 24701(a),”. SEC. 102. MAIL, EXPRESS, AND AUTO-FERRY TRANSPORTATION. Section 24306 is amended— (1) by striking the last sentence of subsection (a); and (2) by striking subsection (b) and inserting the following: “(b) Authority of Others To Provide Auto-Ferry Transportation.— State and local laws and regulations that impair the provision of auto-ferry transportation do not apply to Amtrak or a rail carrier providing auto-ferry transportation. A rail carrier may not refuse to participate with Amtrak in providing auto-ferry transportation because a State or local law or regulation makes the transportation unlawful.”. SEC. 103. ROUTE AND SERVICE CRITERIA. Section 24703 and the item relating thereto in the table of sections for chapter 247 are repealed. SEC. 104. ADDITIONAL QUALIFYING ROUTES. Section 24705 and the item relating thereto in the table of sections for chapter 247 are repealed. SEC. 105. TRANSPORTATION REQUESTED BY STATES, AUTHORITIES, AND OTHER PERSONS. (a) Repeal.— Section 24704 and the item relating thereto in the table of sections of chapter 247 are repealed. (b) State, Regional, and Local Cooperation.— Section 24101(c)(2) is amended by inserting “, separately or in combination,” after “and the private sector”. (c) Conforming Amendment.— Section 24312(a)(1) is amended by striking “or 24704(b)(2)”. SEC. 106. AMTRAK COMMUTER. (a) Repeal of Chapter 245.— Chapter 245 and the item relating 49 USC 24501 et seq. thereto in the table of chapters for subtitle V of such title, are repealed. (b) Conforming Amendment.— Section 24301(f) is amended to read as follows: “(f) Tax Exemption for Certain Commuter Authorities.— A commuter authority that was eligible to make a contract with Amtrak Commuter to provide commuter rail passenger transportation but which decided to provide its own rail passenger transportation beginning January 1, 1983, is exempt, effective October 1, 1981, from paying a tax or fee to the same extent Amtrak is exempt.”. (c) Trackage Rights Not Affected.— The repeal of chapter 49 USC 24501 note. 245 of title 49, United States Code, by subsection (a) of this section is without prejudice to the retention of trackage rights over property owned or leased by commuter authorities. SEC. 107. THROUGH SERVICE IN CONJUNCTION WITH INTERCITY BUS OPERATIONS. (a) In General.— Section 24305(a) is amended by adding at the end the following new paragraph: “(3) (A) Except as provided in subsection (d)(2), Amtrak may enter into a contract with a motor carrier of passengers for the intercity transportation of passengers by motor carrier over regular routes only— “(i) if the motor carrier is not a public recipient of governmental assistance, as such term is defined in section 13902(b)(8)(A) of this title, other than a recipient of funds under section 5311 of this title; “(ii) for passengers who have had prior movement by rail or will have subsequent movement by rail; and “(iii) if the buses, when used in the provision of such transportation, are used exclusively for the transportation of passengers described in clause (ii). “(B) Subparagraph (A) shall not apply to transportation funded predominantly by a State or local government, or to ticket selling agreements.”. (b) Policy Statement.— Section 24305(d) is amended by adding at the end the following new paragraph: “(3) Congress encourages Amtrak and motor common carriers of passengers to use the authority conferred in sections 11322 and 14302 of this title for the purpose of providing improved service to the public and economy of operation.”. SEC. 108. RAIL AND MOTOR CARRIER PASSENGER SERVICE. (a) In General.— Notwithstanding any other provision of law (other than section 24305(a)(3) of title 49, United States Code), Amtrak and motor carriers of passengers are authorized— (1) to combine or package their respective services and facilities to the public as a means of increasing revenues; and (2) to coordinate schedules, routes, rates, reservations, and ticketing to provide for enhanced intermodal surface transportation. (b) Review.— The authority granted by subsection (a) is subject to review by the Surface Transportation Board and may be modified or revoked by the Board if modification or revocation is in the public interest. SEC. 109. PASSENGER CHOICE. Federal employees are authorized to travel on Amtrak for official business where total travel cost from office to office is competitive on a total trip or time basis. SEC. 110. APPLICATION OF CERTAIN LAWS. (a) Application of FOIA.— Section 24301(e) is amended by adding at the end thereof the following: “Section 552 of title 5, United States Code, applies to Amtrak for any fiscal year in which Amtrak receives a Federal subsidy.”. (b) Application of Federal Property and Administrative Services Act.— Section 303B(m) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253b(m)) applies to a proposal in the possession or control of Amtrak. Subtitle B— Procurement SEC. 121. CONTRACTING OUT. (a) Repeal of Ban on Contracting Out.— Section 24312 is amended— (1) by striking subsection (b); (2) by striking “(1)” in subsection (a); and (3) by striking “(2) Wage” in subsection (a) and inserting “(b) Wage Rates.—Wage”. (b) Amendment of Existing Collective Bargaining Agreement.— (1) Contracting out.— Any collective bargaining agreement entered into between Amtrak and an organization representing Amtrak employees before the date of enactment of this Act is deemed amended to include the language of section 24312(b) of title 49, United States Code, as that section existed on the day before the effective date of the amendments made by subsection (a). (2) Enforceability of amendment.— The amendment to any such collective bargaining agreement deemed to be made by paragraph (1) of this subsection is binding on all parties to the agreement and has the same effect as if arrived at by agreement of the parties under the Railway Labor Act. (c) Contracting-out Issues To Be Included in Negotiations.— Proposals on the subject matter of contracting out work, other than work related to food and beverage service, which results in the layoff of an Amtrak employee— (1) shall be included in negotiations under section 6 of the Railway Labor Act (45 U.S.C. 156) between Amtrak and an organization representing Amtrak employees, which shall be commenced by— (A) the date on which labor agreements under negotiation on the date of enactment of this Act may be reopened; or (B) November 1, 1999, whichever is earlier; (2) may, at the mutual election of Amtrak and an organization representing Amtrak employees, be included in any negotiation in progress under section 6 of the Railway Labor Act (45 U.S.C. 156) on the date of enactment of this Act; and (3) may not be included in any negotiation in progress under section 6 of the Railway Labor Act (45 U.S.C. 156) on the date of enactment of this Act, unless both Amtrak and the organization representing Amtrak employees agree to include it in the negotiation. No contract between Amtrak and an organization representing Amtrak employees, that is under negotiation on the date of enactment of this Act, may contain a moratorium that extends more than 5 years from the date of expiration of the last moratorium. (d) No Inference.— The amendment made by subsection (a)(1) 49 USC 24312 note. is without prejudice to the power of Amtrak to contract out the provision of food and beverage services on board Amtrak trains or to contract out work not resulting in the layoff of Amtrak employees. Subtitle C— Employee Protection Reforms SEC. 141. RAILWAY LABOR ACT PROCEDURES. (a) Notices.— Notwithstanding any arrangement in effect before the date of the enactment of this Act, notices under section 6 of the Railway Labor Act (45 U.S.C. 156) with respect to all issues relating to employee protective arrangements and severance benefits which are applicable to employees of Amtrak, including all provisions of Appendix C-2 to the National Railroad Passenger Corporation Agreement, signed July 5, 1973, shall be deemed served and effective on the date which is 45 days after the date of the enactment of this Act. Amtrak, and each affected labor organization representing Amtrak employees, shall promptly supply specific information and proposals with respect to each such notice. (b) National Mediation Board Efforts.— Except as provided in subsection (c), the National Mediation Board shall complete all efforts, with respect to the dispute described in subsection (a), under section 5 of the Railway Labor Act (45 U.S.C. 155) not later than 120 days after the date of the enactment of this Act. (c) Railway Labor Act Arbitration.— The parties to the dispute described in subsection (a) may agree to submit the dispute to arbitration under section 7 of the Railway Labor Act (45 U.S.C. 157), and any award resulting therefrom shall be retroactive to the date which is 120 days after the date of the enactment of this Act. (d) Dispute Resolution.— (1) With respect to the dispute described in subsection (a) which— (A) is unresolved as of the date which is 120 days after the date of the enactment of this Act; and (B) is not submitted to arbitration as described in subsection (c), Amtrak shall, and the labor organization parties to such dispute shall, within 127 days after the date of the enactment of this Act, each select an individual from the entire roster of arbitrators maintained by the National Mediation Board. Within 134 days after the date of the enactment of this Act, the individuals selected under the preceding sentence shall jointly select an individual from such roster to make recommendations with respect to such dispute under this subsection. If the National Mediation Board is not informed of the selection under the preceding sentence 134 days after the date of enactment of this Act, the Board shall immediately select such individual. (2) No individual shall be selected under paragraph (1) who is pecuniarily or otherwise interested in any organization of employees or any railroad. (3) The compensation of individuals selected under paragraph Applicability. (1) shall be fixed by the National Mediation Board. The second paragraph of section 10 of the Railway Labor Act shall apply to the expenses of such individuals as if such individuals were members of a board created under such section 10. (4) If the parties to a dispute described in subsection (a) fail to reach agreement within 150 days after the date of the enactment of this Act, the individual selected under paragraph (1) with respect to such dispute shall make recommendations to the parties proposing contract terms to resolve the dispute. (5) If the parties to a dispute described in subsection (a) fail to reach agreement, no change shall be made by either of the parties in the conditions out of which the dispute arose for 30 days after recommendations are made under paragraph (4). (6) Section 10 of the Railway Labor Act (45 U.S.C. 160) shall not apply to a dispute described in subsection (a). (e) No Precedent for Freight.— Nothing in this Act, or in any amendment made by this Act, shall affect the level of protection provided to freight railroad employees and mass transportation employees as it existed on the day before the date of enactment of this Act. SEC. 142. SERVICE DISCONTINUANCE. (a) Repeal.— Section 24706(c) is repealed. (b) Existing Contracts.— Any provision of a contract entered into before the date of the enactment of this Act between Amtrak and a labor organization representing Amtrak employees relating to employee protective arrangements and severance benefits applicable to employees of Amtrak is extinguished, including all provisions of Appendix C—2 to the National Railroad Passenger Corporation Agreement, signed July 5, 1973. (c) Special Effective Date.— Subsections (a) and (b) of this section shall take effect 180 days after the date of the enactment of this Act. (d) Nonapplication of Bankruptcy Law Provision.— Section 1172(c) of title 11, United States Code, shall not apply to Amtrak and its employees. Subtitle D— Use of Railroad Facilities SEC. 161. LIABILITY LIMITATION. (a) In General.— Chapter 281 is amended by adding at the end the following new section: “§ 28103. Limitations on rail passenger transportation liability “(a) Limitations.— (1) Notwithstanding any other statutory or common law or public policy, or the nature of the conduct giving rise to damages or liability, in a claim for personal injury to a passenger, death of a passenger, or damage to property of a passenger arising from or in connection with the provision of rail passenger transportation, or from or in connection with any rail passenger transportation operations over or rail passenger transportation use of right-of-way or facilities owned, leased, or maintained by any high-speed railroad authority or operator, any commuter authority or operator, any rail carrier, or any State, punitive damages, to the extent permitted by applicable State law, may be awarded in connection with any such claim only if the plaintiff establishes by clear and convincing evidence that the harm that is the subject of the action was the result of conduct carried out by the defendant with a conscious, flagrant indifference to the rights or safety of others. If, in any case wherein death was caused, the law of the place where the act or omission complained of occurred provides, or has been construed to provide, for damages only punitive in nature, this paragraph shall not apply. “(2) The aggregate allowable awards to all rail passengers, against all defendants, for all claims, including claims for punitive damages, arising from a single accident or incident, shall not exceed $200,000,000. “(b) Contractual Obligations.— A provider of rail passenger transportation may enter into contracts that allocate financial responsibility for claims. “(c) Mandatory Coverage.— Amtrak shall maintain a total minimum liability coverage for claims through insurance and self-insurance of at least $200,000,000 per accident or incident. “(d) Effect on Other Laws.—This section shall not affect the damages that may be recovered under the Act of April 27, 1908 (45 U.S.C. 51 et seq.; popularly known as the ‘Federal Employers’ Liability Act’) or under any workers compensation Act. “(e) Definition.— For purposes of this section— “(1) the term ‘claim’ means a claim made— “(A) against Amtrak, any high-speed railroad authority or operator, any commuter authority or operator, any rail carrier, or any State; or “(B) against an officer, employee, affiliate engaged in railroad operations, or agent, of Amtrak, any high-speed railroad authority or operator, any commuter authority or operator, any rail carrier, or any State; “(2) the term ‘punitive damages’ means damages awarded against any person or entity to punish or deter such person or entity, or others, from engaging in similar behavior in the future; and “(3) the term ‘rail carrier’ includes a person providing excursion, scenic, or museum train service, and an owner or operator of a privately owned rail passenger car.”. (b) Conforming Amendment.— The table of sections for chapter 281 is amended by adding at the end the following new item: “28103. Limitations on rail passenger transportation liability.”. SEC. 162. RETENTION OF FACILITIES. Section 24309(b) is amended by inserting “or on January 1, 1997,” after “1979,”.

4. 1997

   Amtrak Reform and Accountability Act of 1997

   Pub. L. 105–134 § 121(a)(3) · 111 Stat. 2570

   Redesignated · 49 U.S.C. § 24312(a)(2)

   Pub. L. 105–134, § 121(a)(3), redesignated par. (2) as subsec. (b)

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 105–134, § 121(a)(3), redesignated par. (2) as subsec. (b).

   Enacted provision · exact public law section
   (3) by striking “(2) Wage” in subsection (a) and inserting “(b) Wage Rates.—Wage”.

5. 1997

   Amtrak Reform and Accountability Act of 1997

   Pub. L. 105–134 § 121(a)(1) · 111 Stat. 2570

   1. Redesignated · 49 U.S.C. § 24312(b)

      Pub. L. 105–134, § 121(a)(1), (3), redesignated subsec. (a)(2) as (b)

   2. Inserted · 49 U.S.C. § 24312(b)

      Pub. L. 105–134, § 121(a)(1), (3), inserted heading

   3. Struck · 49 U.S.C. § 24312(b)

      Pub. L. 105–134, § 121(a)(1), (3), struck out former subsec. (b), which read as follows:

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 105–134, § 121(a)(1), (3), redesignated subsec. (a)(2) as (b), inserted heading, and struck out former subsec. (b), which read as follows:

   “(b) Contracting Out.—(1) Amtrak may not contract out work normally performed by an employee in a bargaining unit covered by a contract between a labor organization and Amtrak or a rail carrier that provided intercity rail passenger transportation on October 30, 1970, if contracting out results in the layoff of an employee in the bargaining unit. “(2) This subsection does not apply to food and beverage services provided on trains of Amtrak.”

   Enacted provision · exact public law section
   (1) by striking subsection (b);

6. 2002

   Pub. L. 107–217 § 3(n)(4)(A) · 116 Stat. 1062

   1. Substituted · 49 U.S.C. § 24312(a)

      Pub. L. 107–217, § 3(n)(4)(A), substituted “sections 3141–3144, 3146, and 3147 of title 40” for “the Act of March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a—276a–5)”

   2. Substituted · 49 U.S.C. § 24312(a)

      Pub. L. 107–217, § 3(n)(4)(A), substituted “section 3704 of title 40” for “section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333)”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 107–217, § 3(n)(4)(A), substituted “sections 3141–3144, 3146, and 3147 of title 40” for “the Act of March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a—276a–5)” and “section 3704 of title 40” for “section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333)”.

   Enacted provision · exact public law section
   (A) in subsection (a)— (i) strike “the Act of March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a—276a-5)” and substitute “sections 3141-3144, 3146, and 3147 of title 40”; and (ii) strike “section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333)” and substitute “section 3704 of title 40”; and

7. 2002

   Pub. L. 107–217 § 3(n)(4)(B) · 116 Stat. 1062

   Substituted · 49 U.S.C. § 24312(b)

   Pub. L. 107–217, § 3(n)(4)(B), substituted “sections 3141–3144, 3146, and 3147 of title 40” for “the Act of March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a—276a–5)”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 107–217, § 3(n)(4)(B), substituted “sections 3141–3144, 3146, and 3147 of title 40” for “the Act of March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a—276a–5)”.

   Enacted provision · exact public law section
   (B) in subsection (b), strike “the Act of March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a—276a-5)” and substitute “sections 3141—3144, 3146, and 3147 of title 40”

8. 2021

   Passenger Rail Expansion and Rail Safety Act of 2021

   Pub. L. 117–58 div. B title II § 22203 · 135 Stat. 429

   Added · 49 U.S.C. § 24312(c)

   Pub. L. 117–58 added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 117–58 added subsec. (c).

   Enacted provision · exact public law section
   SEC. 22203. STATION AGENTS.   Section 24312 of title 49, United States Code, is amended by adding at the end the following: “(c) Availability of Station Agents.— “(1) In general.— Except as provided in paragraph (2), beginning on the date that is 1 year after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, Amtrak shall ensure that at least 1 Amtrak ticket agent is employed at each station building— “(A) that Amtrak owns, or operates service through, as part of a long-distance or Northeast Corridor passenger service route; “(B) where at least 1 Amtrak ticket agent was employed on or after October 1, 2017; and “(C) for which an average of 40 passengers boarded or deboarded an Amtrak train per day during all of the days in fiscal year 2017 when the station was serviced by Amtrak, regardless of the number of Amtrak trains servicing the station per day. “(2) Exception.— Paragraph (1) shall not apply to any station building in which a commuter rail ticket agent has the authority to sell Amtrak tickets.” .

10 of 11 references resolved to an enrolled provision · 1 partial